The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1887-12-27
J. H. HENDERSON EFT AL. vs.. W.
f. ALLEN RECEIVER, EFT AL.

BEFORE TIE CHANCELLOR. AT CHAMBERS.
The first matter is a motion by NJ.
5. Grinbaum & Co., setting forth that
on the appointment of W. f. Allen
Esq. as receiver of the Hama Plant
alton, on the 9TH of August, 1885,
they made an agreement to make
advances to him for the purpose of
keeping up said plantation while in
his hands as receiver, in accordance
with the authority given him by the
Court, TO make contracts for obtain
ing money for said purpose; that in
pursuance of said contract and of
orders made by the Court from time
to time they have advanced TO said
receiver, from the 9Th day of Au-
gust, 1885, to the 18th day of April,
1887, the sum of SI69, S26. %, includ-
ing interest, and have received from
proceeds of crops the sum of S141,-
72S.76, leaving a balance Of S2S,09S.-
Il due the petitioners on the 18th
April. 1887; that these advances
were made 10 the receiver solely
upon the faith and credit of the or
ders of the Court, and in confidence
that the Court would see to the pay
ment of the same; that the advances
have been made for the payment of
the allowances made by this Court
to the receiver and to the widow and
child of August Unna deceased, to
the payment Of interest upon mort
gage debts, for the general purposes
Of the plantation and taxes, and all
for the preservation of said property.
That since April Is, 1887, the Pc
titioners have made certain advances
to the receiver in pursuance of an
order made in the case of ]. II. Hen
derSon ct al, vs.. ". F. Allen, re-
ceiver, ct al; that said partnership
of August and o. Unna is also in
debted 10 petitioners in the further
sum Of S73, 924.93, for advances
made TO them prior to the appoint
ment of the receiver: that the petit
TONERS had declined TO make further
advances to them, having no secu- 4
rity.
They pray that in addition TO the /
sum to be allowed them for advances Z
since April Is, 1887, on the order
made in the suit Of Henderson ct al. +
vs. Allen ct al, they may be allowed 4
the said sum Of SIS, O9S.17, and that /
the same may epaid from the funds .
THE proceeds of the sale of the
plantation) before the payment of /
any m0rtea liens. and also that 1
the receiver ay be directed to sell /
al Of the ind dual property of said
partners and pply the same after
paying iadivI ual debts to claims
against said pa tnership.
The following is a statement of
the essential f1ets of this case:
Mr.. AUgu Unna, the principal
owner Of the lama plantation, died
in April, 1855 leaving a win APP
p0intin : Cecil Erewn, DR.. r. AIcKib-
bin ano Maria B. Unna, Cdeceased's
widow executors and executrix,
which iii was admitted to probate.
There were -hree mortgages then
ezistin- up1n the plantation, the
first 10 15l, held by the Ha-
waiian Lnvesune inland Agency Com
pauy the second for 5000, held |
bv J j.. Heaiarson and Others, and
the third for SIS, 900, held by Eliza
beth Antaon and Others.
II JnlE, lss5, Oscar Unns. the
living paru ar Of A. Unna de-
celS and part owner of the Hama !
Pian'1-ioEs FLED a bill in equity TO
wind on the partnership and for the I
appoia m emit 81 receiver. 1t 81
forth ae death # A. Unna, that he
Ieft widow and a child named
Else. -aA making and probateo OF the !